Trademark registration is widely regarded by companies and individuals worldwide as one of the most effective ways to protect intellectual property (assets) from third party infringements and misuse. An asset such as intellectual property can be in the form of a trademark that represents your company, products or services, and ultimately creates your brand identity. It is therefore essential that when using the mark to build your brand and customer loyalty, that you seek official trademark registration.
How to achieve trademark asset protection
Company reputation can be the basis to a successful business operation or a failing one. Consumers will typically recognize the credibility of a company by the trademark – this is also known as brand identity. A trademark has a lot of scope within the business arena, as it is what the public associate with your company name, products or services. It is therefore paramount to take the necessary precautions to protect the mark against passing off by third parties and other forms of trademark infringement.
Essentially, your company mark is one of your most valuable assets. To achieve asset protection over the mark, trademark registration is necessary in all applicable jurisdictions where the mark is to be used within a commercial capacity.
Registration essentially permits asset protection for intellectual property as the owner of the mark is awarded a set of exclusive rights over the use of the property. This means that the owner can use it commercially as he/she sees fit, preventing any other party form using it.
If infringement occurs and your trademark asset is at risk of harm, all registered trademark owners will have the full support and legal protection from the applicable court of law in their country. If you have not sought registration and a third party begins using your asset for their own profit, and detriment to your company, then unfortunately you cannot seek legal protection and a passing off case will be difficult to win.
It should be noted that asset protection through trademark registration is only applicable where the trademark in question satisfies all necessary requirements as laid down by the relevant intellectual property registry in each country registration is sought. For international companies who will to obtain asset protection over their mark on a global scale, it is advised to seek registration rights through the World Intellectual Property Organization (WIPO).
See our Trademark Registration page to learn how Starting Business can assist you.